Competition policy and prevention of abuses in the TRIPS agreement

The monopoly granted through intellectual property rights can lead to abuses ofsuch monopoly. The TRIPS Agreement recognizes such abuses along with the fact that competition policy can play a significant role in dealing with such abuses. The use of competition policy to deal with the abuse of IP monopolies reguires a discussion ofabuse of the dominant position, definition ot market and substitutability of products and whether the
patenting monopoly automatically puts the right holder in the dominant position. The issue of parallel trade and exhaustion of rights also has anti-competitive implications. The introduction of discriminatory pricing along with any ban on parallel trade would lead to absolute market control, market segregation and market exclusion by the monopolistic industries. [JEL Classiffication: K21, K33]

Consumer choice, information product quality, and market implications

The paper concerns with the peculiarities of consumer choice in information product markets. This is a multidisciplinary study based on both information system research and microeconomic theory. An extension is introduced to the conventional general theory of consumer choice for explicitly taking into account the impact of information product quality on consumer behaviour. Multiple quality characteristics, considered against the price of product, are an essential reason for consumer choice of high tech product in general and information product in particular. We assume that consumers are able to aggregate their preferences of multiple product characteristics into a product preference order. On the supply side, the product quality characteristics incur costs. In the case of information product, those costs are the costs of the first copy, and marginal costs are near zero. All of the above constitute the distinctive characteristics of the competitive mechanism in the digital economy and in information product markets. A model, based on the game theory is used to consider two special cases. The first one deals with monopolistic competition for a share of the market with a limited number of customers. Conditions are derived for IT firm survival. The second one considers conditions at which a monopoly is able to successfully introduce a new version if its information product.

Consumer loyalty versus propensity to switch between providers in mature IT markets (the case of mobile phone market)

The example of the youth mobile phone market is used for pilot empirical testing of a model of consumers’ decision making, based on common features of consumer behaviour in mature markets of information and high technology products. Firstly, we discuss the key properties of mature high technology markets which affect market behaviour and strategies. These properties include: established customer and provider bases; the elements of both oligopolistic and monopolistic competition; very short product life cycle; considerable product differentiation; and using product quality, versioning and price discrimination as planning and marketing tools. Secondly, a model of consumers’ decision making in such markets is suggested on the assumption that a choice is to be made between the following options: to continue using the existing version of the product, to upgrade it with the current provider or to switch to another provider. Product price, quality characteristics, switching costs and network effects are demonstrated to be the variables affecting consumers’ decisions and therefore, these variables should be considered by competing providers when they choose production and marketing strategies. In conclusion, the results of the empirical study are discussed in the context of their possible application to other information and high technology markets.

Micropayments and e-commerce transactions : Thailand

Online payments in electronic commerce (e-commerce) are usually carried out with credit cards because they are the most convenient to use. Web sites that do not accept credit cards risk losing their customers. Yet potential customers do not include only credit card holders. There are a lot of potential customers who do not have credit cards, some for cultural reasons, others because of trust implications and others because of cost. Even among those who have credit cards, some do not buy online just because they do not feel that the system is secure enough to give away their credit card information over web pages. More importantly perhaps, credit card payments are not suitable for small-value purchases due to their high-incurred overheads to merchants.

Competition in mature software markets

A theoretical framework is built for capturing properties of competition in mature monopolistic digital product markets. Based on an empirical study of the market of accounting software for small and medium enterprises, a consumer choice model is suggested, where a rational consumer is already using a particular version of a software package and is considering to chose from the following three options: either to continue using it, or to upgrade to a newer version of the product, or to switch to a competitive product. Consumer decision is justified by software quality, and network effects, under the price and switching costs constrains. A modified consumer demand function is used for the model, and theoretical conditions are analysed for choosing from one of the three above-mentioned options. The results are applicable to a wide range of digital products.

Towering over all : the Italianate villa in the colonial landscape

The Picturesque aesthetic emerged in the later 18th century, uniting the Sublime and the Beautiful and had its roots in the paintings of Claude Lorrain. In Britain, and in Australia, it came to link art, literature and landscape with architecture. The Picturesque aesthetic informed much of colonial culture which was achieved, in part, through the production and dissemination of architectural pattern books catering for the aspirations of the rising middle classes. This was against a background of political change including democratic reform. The Italianate villa, codified and promoted in such pattern books, was a particularly successful synthesis of style, form and function. The first Italianate villa in England, Cronkhill (1803) by John Nash contains all the ingredients which were essential to the model and had a deeper meaning. Deepdene (from 1807) by Thomas Hope gave the model further impetus. The works of Charles Barry and others in a second generation confirmed the model's acceptability. In Britain, its public status peaked with Osborne House (from 1845), Queen Victoria's Italianate villa on the Isle of Wight, Robert Kerr used a vignette of Osborne House on the title page of his sophisticated and influential pattern book, The Gentleman's House (1864,1871). It was one of many books, including those of J.C, Loudon and AJ. Downing, current in colonial Victoria. The latter authors and horticulturists were themselves villa dwellers with libraries and orchards, two criteria for the true villa lifestyle. Situation and a sense of retreat were the two further criteria for the villa lifestyle. As the new colony of Victoria blossomed between 1851 and 1891, the Italianate villa, its garden setting and its landscape siting captured the tenor of the times. Melbourne, the capital was a rich manufacturing metropolis with a productive hinterland and international markets. The people enjoyed a prosperity and lifestyle which they wished to display. Those who had a position in society were keen to demonstrate and protect it. Those with aspirations attempted to provide the evidence necessary for such acceptance, The model matured and became ubiquitous. Its evolution can be traced through a series of increasingly complicated rural and suburban examples, a process which modernist historians have dismissed as a decadent decline. These villas, in fact, demonstrate an increasingly sophisticated retreat by merchants from ‘the Town’ and by graziers from ‘the Country’. In both town and country, the towers of villas mark territory newly acquired. The same claim was often made in humbler situations. Government House, Melbourne (from 1871), a splendid Italianate villa and arguably finer than Osborne House, was set in a cultivated landscape and towered above all It incorporated the four criteria and, in addition, claimed its domain, focused authority and established the colony's social status. It symbolised ancient notions of democracy and idealism but with a modem appreciation for the informal and domestic. Government House in Melbourne is the epitome of the Italianate villa in the colonial landscape and is the climax of the Picturesque aesthetic in Victoria.

The 1859 election on the Ovens

The Victorian general election of 1859 occurred during a time of social transition and electoral reformation, which extended the vote to previously unrepresented adult males. Gold discoveries, including those on the Ovens, triggered the miners’ insistent demands for access to land and participation in the political process. The thesis identifies issues, which emerged during the election campaign on the Ovens goldfields, surrounding Beechworth. The struggle centred on the two Legislative Assembly seats for the Ovens and the one Legislative Council seat for the Murray District. Though the declared election issue was land reform, it concealed a range of underlying tensions, which divided the electorate along lines of nationality and religion. Complicating these tensions within the European community was the Chinese presence throughout the Ovens. The thesis suggests the historical memory of the French Revolution, the European Revolutions of 1848 and the Catholic versus Protestant revivals divided the Ovens goldfield community. The competing groups formed alliances; a Beechworth-centred grouping of traders, merchants and the Constitution’s editor, ensured the existing conservative agenda triumphed over those perceived radicals who sought reform. In the process the land hungry miners did not gain any political representation in the Legislative Assembly, while a prominent Catholic squatter who advocated limited land reform was defeated for the Legislative Council seat. Two daily Beechworth papers, Ovens and Murray Advertiser and its fierce competitor, the Constitution and Ovens Mining Intelligencer are the major primary sources for the thesis.

Lobbying defined and observed

The critical and most obvious component of lobbying is the interaction an entity has with government. The executive, parliament and bureaucracy are the key players in the field. On the opposing side, to extend a sporting analogy, are the lobbyists – who are identified or labelled, singularly or plurally, by a variety of names: pressure groups, policy consultants, tariff consultants, public relations consultants, interest groups, special interest groups, industrial and professional associations, government relations managers, public affairs managers and Lloyd’s qualified term, the ‘political lobbyist’ .
All these nomenclatures require further explanation – some are used interchangeably, others are now an historical term only, some fall from the common language only to reappear at a later date. Of all, the oldest and most widely recognised is lobbyist and lobbying. Lloyd (1989) states that the term ‘lobby agent’ was first used in Westminster in the mid-17th century. In the United States Schriftgiesser (1951) writes that the famous American journalist H L Mencken, the Sage of Baltimore, traced the first use of the word lobby, as we currently understand it, to Washington DC in 1829. At that time the term lobby-agent was in use but it was shortened, by journalists, to lobbyist by 1832.
It has been suggested that the concept of lobbying – of seeking influence among the powerful – is as old as government e itself. Lloyd (1989) cites examples of lobbying from the Old and New testaments – the most famous pressure group being those who petitioned Pontius Pilate to crucify Jesus Christ!
In the US the activities of lobbying were recognised before the term was coined when, according to Schriftgeisser (1951), ‘a little gang of painted –up merchants (who) pushed British tea into the salt water of Boston harbor’ (p4).
So the pedigree of lobbying activities is long and colourful. As the western form of parliamentary democracy has evolved and expanded among nations it seems that lobbying has been ever present on this journey. It is by its activities, its parts, that we can define and recognise lobbying most clearly and view the changes.

Peanuts and publicists : 'letting Australian friends know the Chinese side of the story' in interwar Sydney

In the wake of an Australian government embargo on Chinese peanuts, a group of Sydney Chinese merchants launched a pro-Chinese publicity campaign in late 1927. To do so, they hired a newspaper editor previously employed by the anti-Chinese Labor Daily and Beckett’s Budget. The campaign was an act of minority resistance to the White Australia Policy, a shrewd business strategy, and a sophisticated example of cross-cultural public relations. By tracing two historical actors in this ‘drama of spin’, the peanut and the publicist, this article reveals unexpected links between the Chinese-Australian and Anglo-Australian communities. In seeking ‘the Chinese side of the story’, we find an alternative history of race, representation and citizenship in interwar Sydney.